Zurich American Insurance Company v. Transplace Texas, L.P.
| Ohio Northern District Court | |
| Judge: | Dan Aaron Polster |
| Case #: | 1:24-cv-00899 |
| Nature of Suit | 380 Torts - Personal Property - Other Personal Property Damage |
| Cause | 28:1332 Diversity-Property Damage |
| Case Filed: | May 21, 2024 |
| Terminated: | Sep 20, 2024 |
| Last checked: Sunday Nov 17, 2024 4:04 AM EST |
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3rd Party Plaintiff
Transplace Texas, L.P.
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Represented By
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3rd Pty Defendant
D&B Transport LLC
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Defendant
Transplace Texas, L.P.
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Represented By
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Plaintiff
Zurich American Insurance Company
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Represented By
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| Docket last updated: 5 hours ago |
| Friday, September 20, 2024 | ||
| 20 | 20
1
pgs
order
Order Dismissing Case
Fri 09/20 4:20 PM
Order of Dismissal. This case is dismissed with prejudice, with all parties to bear their own costs. The Court retains jurisdiction to ensure that the settlement agreement is executed. Signed by Judge Dan Aaron Polster on 9/20/2024. (K,K) |
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minutes
Case Management Conference
Fri 09/20 4:16 PM
Minutes of proceedings [non-document] The Court assisted the parties in resolving this case at the initial case management conference on September 20, 2024. Plaintiff's representatives, Jonathan Philipp and Lee Cicanski, participated and were represented by Attorney David Loh. Representative Heather Martinez participated for Defendant and was represented by Attorney Clare Taft. Leanne Shinnick and Attorney Michael Lee participated on behalf of the insurer for Third-Party Defendant, D&B Transport. (Court Reporter: n/a.) Time: 1 hour 55 minutes. (K,K) |
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| Wednesday, September 18, 2024 | ||
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oth_evt
Summons Issued
Wed 09/18 1:23 PM
Third Party Summons issued to counsel for service upon D&B Transport LLC. (R,AP) |
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| 18 | 18
notice
Report of Parties Planning Meeting (atty event)
Wed 09/18 11:47 AM
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Transplace Texas, L.P. (Taft, Clare) |
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| Tuesday, September 17, 2024 | ||
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oth_evt
Notice of Hearing or Conference
Tue 09/17 11:41 AM
IMPORTANT: Notice [non-document] Case Management Conference reset for 9/20/2024 at 02:00 PM* at Courtroom 18B before Judge Dan Aaron Polster. (*Please note change in TIME only.) Related document(s)12 . (K,K) |
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| Thursday, September 12, 2024 | ||
| 17 | 17
notice
Initial Disclosures (atty event)
Thu 09/12 4:59 PM
Initial Disclosures filed by Zurich American Insurance Company. (Loh, David) |
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| 16 | 16
notice
Initial Disclosures (atty event)
Thu 09/12 10:57 AM
Initial Disclosures filed by Transplace Texas, L.P.. (Taft, Clare) |
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| Wednesday, September 04, 2024 | ||
| 15 | 15
cmp
Third Party Complaint
Wed 09/04 12:02 PM
Third party complaint against D&B Transport LLC. Filed by Transplace Texas, L.P.. (Taft, Clare) |
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Att: 1
Exhibit 1 - Agreement,
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Att: 2
Summons
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order
Order on Motion for leave
Wed 09/04 9:22 AM
Order [non-document] granting Defendant's Unopposed Motion for leave to file Third-Party Complaint . Approved by Judge Dan Aaron Polster on 9/4/2024. (M,CE) |
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| Tuesday, September 03, 2024 | ||
| 14 | 14
cmp
Third Party Complaint Answer
Tue 09/03 5:57 PM
Answer to Complaint and , Proposed Third party complaint against D&B Transport LLC filed by Transplace Texas, L.P.. Related document(s)1 . (Taft, Clare) |
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| 13 | 13
motion
Leave
Tue 09/03 5:26 PM
Unopposed Motion for leave to file Third-Party Complaint filed by Defendant Transplace Texas, L.P.. (Taft, Clare) |
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| Tuesday, August 20, 2024 | ||
| 12 | 12
order
Case Management Conference Scheduling Order
Tue 08/20 1:14 PM
Case Management Conference Scheduling Order with case management conference to be held on 9/20/2024 at 01:30 PM at Courtroom 18B before Judge Dan Aaron Polster. Report of Parties' Planning Meeting due no later than 12:00 p.m. on 9/18/2024. Signed by Judge Dan Aaron Polster on 8/20/2024. (M,CE) |
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| 11 | 11
4
pgs
order
Order on Motion to dismiss for failure to state a claim
Tue 08/20 9:59 AM
Order . For the reasons stated herein, Defendant's motion to dismiss (ECF Doc.6 ) is GRANTED, in part, and DENIED, in part. The Court GRANTS Defendant's motion to dismiss the First and Second causes of action and DENIES Defendant's motion to dismiss the Third, Fourth and Fifth causes of action in Plaintiff's complaint. Signed by Judge Dan Aaron Polster on 8/20/2024. (M,CE) |
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| Monday, August 05, 2024 | ||
| 10 | 10
resp
Reply
Mon 08/05 12:40 PM
Reply Brief in Support of Defendant's Motion to Dismiss Plaintiff's Complaint filed by Transplace Texas, L.P.. (Taft, Clare) |
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| Friday, July 19, 2024 | ||
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resp
Opposition
Fri 07/19 4:54 PM
Opposition to6 Motion to dismiss for failure to state a claim filed by Zurich American Insurance Company.(Loh, David) |
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Att: 1
Affidavit Declaration of Tameka Faulkner,
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Att: 2
Exhibit Policy of Insurance No. OC-5846014-04,
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Att: 3
Exhibit Notice of Claim, Eaton Purchase Order, Commercial Invoice, and Replacement Commercial Invoice,
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Att: 4
Exhibit Bills of Lading,
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Att: 5
Exhibit Checks Issued by Zurich,
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Att: 6
Exhibit Transportation Agreement,
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Att: 7
Exhibit Eaton Supplier Code of Conduct
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| Monday, July 01, 2024 | ||
| 8 | 8
motion
Extension of Time to File Response/Reply to Motion
Mon 07/01 1:02 PM
Motion for extension of time until 7/19/2024 to file response/reply to6 Motion to dismiss for failure to state a claim filed by Plaintiff Zurich American Insurance Company. Related document(s)6 . (Loh, David) |
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order
Order on Motion for extension of time to file response/reply to motion
Mon 07/01 3:42 PM
Order [non-document] granting Plaintiff's8 Motion for extension of time until 7/19/2024 to file response/reply to6 Motion to dismiss for failure to state a claim . Approved by Judge Dan Aaron Polster on 7/1/2024.(K,K) |
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| Monday, June 24, 2024 | ||
| 7 | 7
notice
Corporate Disclosure Statement (atty event)
Mon 06/24 1:48 PM
Corporate Disclosure Statement identifying Corporate Parent Uber Technologies, Inc. for Transplace Texas, L.P. filed by Transplace Texas, L.P.. (Taft, Clare) |
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| 6 | 6
motion
Dismiss for Failure to State a Claim
Mon 06/24 1:15 PM
Motion to dismiss for failure to state a claim filed by Defendant Transplace Texas, L.P.. Related document(s)1 . (Taft, Clare) |
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| Thursday, June 06, 2024 | ||
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minutes
Telephone Conference
Thu 06/06 12:38 PM
Minutes of proceedings [non-document] before Judge Dan Aaron Polster. Telephone Conference held on June 6, 2024. Francine Schwartz, a representative for Plaintiff Zurich American Insurance Company, participated and was represented by Attorney David Loh. Attorney Daniel Sbanotto participated for Defendant. The Court discussed the facts of the case and encouraged the parties to attempt to resolve it. (Court Reporter: n/a.) Time: 17 minutes. (K,K) |
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| Tuesday, June 04, 2024 | ||
| 5 | 5
service
Return of Service Executed
Tue 06/04 1:03 PM
Return of Service by personal service executed upon Transplace Texas, L.P. on 6/3/2024, filed on behalf of Zurich American Insurance Company (Loh, David) |
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| Friday, May 31, 2024 | ||
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oth_evt
Notice of Hearing or Conference
Fri 05/31 4:38 PM
Notice [non-document] of Telephone Conference set for 6/6/2024 at 11:45 AM before Judge Dan Aaron Polster. Counsel and clients are required to participate. (K,K) |
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| Friday, May 24, 2024 | ||
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order
Order on Motion to appear pro hac vice
Fri 05/24 8:45 AM
Order [non-document] granting Motion for appearance pro hac vice by attorney David Y. Loh for Zurich American Insurance Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Approved by Judge Dan Aaron Polster on 5/24/2024.(K,K) |
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| Thursday, May 23, 2024 | ||
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motion
Appear Pro Hac Vice
Thu 05/23 4:09 PM
Motion for attorney David Y. Loh to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12573979, filed by Plaintiff Zurich American Insurance Company. (Philipp, Jonathan) |
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| Tuesday, May 21, 2024 | ||
| 3 | 3
oth_evt
Summons Issued
Tue 05/21 1:37 PM
Original Summons and Magistrate Consent Form issued to counsel for service upon Transplace Texas, L.P. (R,AP) |
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Att: 1
Magistrate Consent Form
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| 2 | 2
notice
Corporate Disclosure Statement (atty event)
Tue 05/21 12:15 PM
Corporate Disclosure Statement identifying Corporate Parent Zurich Holding Company of America, Inc. for Zurich American Insurance Company. (Philipp, Jonathan) |
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| 1 | 1
10
pgs
cmp
Complaint
Tue 05/21 12:11 PM
Complaint against Transplace Texas, L.P. Filing fee paid, $405.00. Receipt number AOHNDC-12568110. Filed by Zurich American Insurance Company. (Philipp, Jonathan) Modified on 5/21/2024 to add exhibit descriptions. (R,AP) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons,
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Att: 3
Exhibit A - Purchase Order No. 4355-178853 dated July 26, 2022,
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Att: 4
Exhibit B - EnerSys Commercial Invoice No. SLS/43043801 dated July 15, 2022 in the amount of $109,901.00,
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Att: 5
Exhibit C - Delivery Order No. 7255 dated July 14, 2022,
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Att: 6
Exhibit D - Bill of Lading No. 840235548 dated July 14, 2022,
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Att: 7
Exhibit E - Bill of Lading No. 840235548 with written exceptions dated July 22, 2022,
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Att: 8
Exhibit F - Email dated August 5, 2022 addressed to cargo.claims@transplace.com,
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Att: 9
Exhibit G - amended notice of claim to Defendant,
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Att: 10
Exhibit H - EnerSys Commercial Invoice No. SLS/43076032 dated September 29, 2022,
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Att: 11
Exhibit I - First Notice of Loss to ZAIC dated October 14, 2022,
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Att: 12
Exhibit J - RRI Survey Report No. 46902221 dated April 28, 2023,
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Att: 13
Exhibit K - EnerSys Letter dated December 19, 2022 from Jay Frankhouse,
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Att: 14
Exhibit L - Certificate of Recycling dated March 10, 2023,
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Att: 15
Exhibit M - ZAIC checks,
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Att: 16
Exhibit N - Transportation Agreement
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utility
Add and Terminate Judge
Tue 05/21 1:20 PM
Judge Dan Aaron Polster assigned to case. (R,AP) |
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oth_evt
Random Assignment of Magistrate Judge
Tue 05/21 1:21 PM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (R,AP) |
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